096933

U.S. Business Law and Dispute Resolution

Richard Mark Franklin

Hinweise für Studierende

In der Veranstaltung besteht die Pflicht zur regelmäßigen Teilnahme.

Kommentar

Course description

This course offers an introduction to the legal issues that non-U.S. lawyers may encounter as a result of their clients’ conducting business with U.S. parties. The instructor is a U.S. lawyer, who will teach from his deep practical experience in representing clients in international business transactions and dispute resolution. He will use lectures and interactive class discussions based on case law and statutory materials he will provide and also on hypothetical scenarios involving a European manufacturer confronting a variety of legal issues arising from the distribution of its products into the U.S. market. The course will include a gentle introduction to the case study and Socratic teaching methodologies used in U.S. law schools, which may be of special interest to students considering future study in the U.S.

The course will cover the following topics:

A general overview of the U.S. Constitution, U.S-style federalism (specifically, the relationship between the U.S. federal and state governments) and other significant features of the U.S. legal system as relevant to international business law and dispute resolution
A survey of selected areas of U.S. substantive business law often involved in international business transactions and dispute resolution, including
- Contract law
- Corporate and bankruptcy law
- Employment law
- Product liability law
- Certain U.S. statutory laws having extraterritorial effect including securities, antitrust (competition), the TREAD Act, foreign corrupt practices, and alien tort claims
U.S. civil procedure with particular emphasis on its application to international business litigation, including subject matter and personal jurisdiction, pleadings, service of process, class actions, pretrial discovery, early case resolution, trials, evidence, expert witnesses, available remedies, judgments and enforcement, and appeals
The U.S. approach to conflicts of law (private international law), as applicable to U.S. business law and dispute resolution
Alternative dispute resolution techniques commonly used for business disputes in the U.S., including arbitration, mediation and settlement

Course Registration:

Please register via Campus Management, Module "Fremdsprachenfachkompetenz A or B"

Exam:

There will be a written final examination.

Frequency:

The course will be held in this summer semester. Schließen